Study Of The Criminal Victim Assistance System

In the traditional criminal case, because the national prosecution doctrine, people paymore attention to the human rights of the accused and ignore the rights of the victims. Infact, in many cases victims are unable to get compensation and assistance for all sorts ofreasons, and they are living in poverty. Given the appropriate assistance to them, guaranteemay live with dignity, and it is a social problem. At the same time, it is very important forsafeguarding the human rights of the victim and maintaining the justice of social. Atpresent, many countries have established the system of criminal victims, and achieved goodsocial effect. In the protection of human rights win support among the people, countriesestablish the system of giving the criminal victims certain economic help in specialcircumstances has become the international trend of development of victims of humanrights protection.At present, there is no established national relief system for criminal victim in China.For the criminal victim suffered material losses due to crime, protection usually throughtwo ways: civil remedies and criminal incidental civil action. The academics consider thatthe two ways are important in the protection of basic rights and interests of the victims, andcan appease their emotions and balance the mind, enhance the confidence of the victims inthe rule of law to play, and analyzed their shortcomings. Some scholars believe that thecivil affairs authorities do not have enough money to rescue the victims. With the increasein assistance, price and the funding gap increase year by year, the financial allocation as themain source of funding assistance system has appeared to be inadequate; secondly, makethe decision to aid is the need for evidence, and the facts of the case, the victim damageinvestigation will require the relevant investigation. The civil administration do not havethese powers and means, which makes the victim assistance without some validity. But thecriminal supplementary civil action and by the main people from punishment, affecting firstthe punishment queen people concept of litigation and criminal compensation capacity andother factors, which are difficult to obtain compensation for the victim. Basing on theanalysis of these two approaches, many scholars call for the establishment of the nationalrelief system in China.However, the former pay more attention to the research of the criminal victimassistance system on the theoretical basis, through the analysis and comparison of therelated systems in foreign countries, Taiwan and Hong Kong, and construct the system ofthe criminal victims relief system in our country, from the legislative model and basicprinciples of constructing respectively relief, relief object and condition restriction, thescope of relief, the source of relief funds, relief agencies set up and rescue procedureproposed to our country criminal victim relief system of legislative proposals. Most of scholars focus on the foreign and Hong Kong and Macao regions related to criminal victimrelief regulations and ignore some parts of the country.This paper begins with a description of two typical cases, and introduces the necessityof the core problem of this paper by analyzing case--the necessity of the construction ofcriminal victim assistance system, to lay the groundwork for the paper. Then analysis ofthis system’s value and academic significance. In addition, in order to analysis the presentsituation of assistance to the criminal victim in our country, this paper uses comparativeanalysis method to deficiency identified related documents of China’s central and local thathave been promulgated. On these foundations, put forward some tentative ideas of staterelief system for criminal victims in China.The paper is divided into five parts:The first part is the introduction. This part describes two typical case, by analyzing ofthe necessity of the cases leads to the core issue of this paper--the establishment of thenational assistance system of criminal victim, also can find the inadequacy in the system ofcriminal victims from of our cases, as the article bedding.The second part is the analysis of value of the criminal victims relief system. Analyzesthe necessity of the construction of the assistance system of criminal victims from theperspective of jurisprudence to highlight the value of this system, show the significance ofstate assistance system of criminal victim.The third part is the academic analysis of the criminal victims’ relief system, analysisof the main theories about the criminal victim assistance system.The fourth part is the analysis on the legislation of state relief system for the criminalvictims in our country, analyzes our country some local relevant criminal victim assistancelegislations and policies.The fifth part mainly is the author for some ideas to construct the system of thecriminal victims’ relief system in china. From the relief object and condition, the scope ofrelief, relief system and the standard source and use of funds and assistance decision onconstruction of state relief system for the criminal victims in our country authorities andprocedures of some aspects of this.